Illinois General Assembly - Full Text of HB5552
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Full Text of HB5552  102nd General Assembly

HB5552 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5552

 

Introduced 1/31/2022, by Rep. Anne Stava-Murray

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/22-94 new

    Amends the School Code. Provides that a school district operating one or more high schools, a charter school, or a private secondary school shall not make or enforce a rule subjecting a high school student to disciplinary sanctions solely on the basis of conduct that is speech or other communication that, when engaged in outside of the campus, is protected from governmental restriction by the United States Constitution or the Illinois Constitution. Provides that a student who is enrolled in a school at the time that the school has made or enforced a rule that the student would be protected from may commence a civil action to obtain appropriate injunctive and declaratory relief as determined by the court. Provides that the new provisions do not apply to a private secondary school that is controlled by a religious organization to the extent that the application would not be consistent with the religious tenets of the organization. Provides that an employee shall not be dismissed, suspended, disciplined, reassigned, transferred, or otherwise retaliated against solely for acting to protect a student engaged in conduct authorized under the new provisions, or refusing to infringe upon conduct that is protected.


LRB102 25516 RJT 34805 b

 

 

A BILL FOR

 

HB5552LRB102 25516 RJT 34805 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by adding Section
522-94 as follows:
 
6    (105 ILCS 5/22-94 new)
7    Sec. 22-94. Protection from discipline sanctions from
8exercising protected speech.
9    (a) A school district operating one or more high schools,
10a charter school, or a private secondary school shall not make
11or enforce a rule subjecting a high school student to
12disciplinary sanctions solely on the basis of conduct that is
13speech or other communication that, when engaged in outside of
14the campus, is protected from governmental restriction by the
15First Amendment to the United States Constitution or Section 4
16of Article I of the Illinois Constitution.
17    (b) A student who is enrolled in a school at the time that
18the school has made or enforced a rule in violation of
19subsection (a) may commence a civil action to obtain
20appropriate injunctive and declaratory relief as determined by
21the court. Upon motion, a court may award attorney's fees to a
22prevailing plaintiff in a civil action pursuant to this
23Section.

 

 

HB5552- 2 -LRB102 25516 RJT 34805 b

1    (c) This Section does not apply to a private secondary
2school that is controlled by a religious organization, to the
3extent that the application of this Section would not be
4consistent with the religious tenets of the organization.
5    (d) This Section does not prohibit the imposition of
6discipline for harassment, threats, or intimidation, unless
7constitutionally protected.
8    (e) The General Assembly finds and declares that free
9speech rights are subject to reasonable time, place, and
10manner regulations.
11    (f) An employee shall not be dismissed, suspended,
12disciplined, reassigned, transferred, or otherwise retaliated
13against solely for acting to protect a student engaged in
14conduct authorized under this Section, or refusing to infringe
15upon conduct that is protected by this Section, the First
16Amendment to the United States Constitution, or Section 4 of
17Article I of the Illinois Constitution.